F1SCHEDULE 26AVariable monetary penalties (England)

Annotations:
Amendments (Textual)

PART 1Variable monetary penalties: procedure

Variable monetary penalties: enforcement cost recovery notice 8

1

The Agency may require a person served with a final notice in accordance with paragraph 5(3) to pay the costs incurred by the Agency in relation to the variable monetary penalty.

2

The costs which may be recovered are those incurred by the Agency up to the time that a final notice was served on the person and may include in particular—

a

investigation costs;

b

administration costs; and

c

costs of obtaining expert advice (including legal advice).

3

The Agency may recover the costs referred to in paragraph (2) by serving a notice requiring payment (“an enforcement cost recovery notice”) on the person.

4

An enforcement cost recovery notice must—

a

specify the amount to be paid and the method by which it may be paid;

b

specify the period within which payment must be made, which must not be less than 28 days;

c

include statements—

i

that the Agency may on request be required to provide a detailed breakdown of the costs specified; and

ii

that the person is not liable to pay any costs that they can show to have been unnecessarily incurred;

d

specify the grounds on which the person served with the notice may appeal; and

e

specify the consequences of failure to pay the amount required within the specified period.

5

The person on whom the notice is served may require the Agency to provide a detailed breakdown of the amount of the costs.

6

The person is not liable to pay any costs which they can show to have been unnecessarily incurred.

7

The Agency may at any time, in writing, withdraw an enforcement cost recovery notice or reduce the amount specified in the notice.